The Environment and Lands Court in Nakuru has handed back retired President Daniel Arap Moi 2,700 acres of land after 13 years of litigation.
Rift Valley Development Trust associated with former president Moi had moved to court arguing that the land occupied by companies including Rift Valley Institute of Science and Technology (RVIST) had been acquired illegally and sold off.
The trust wanted the land restored to expand the 5,000 acre Deloraine Farm in Salgaa together with the 3,000 acre Technology Farm that is located outside Nakuru.
In a ruling on Wednesday December 4, Justice Sila Munyao stated that there was no evidence that the trustees who are mandated to sanction for sale of land approved the purchase of the property.
Justice Munyao thus ruled that the transactions were illegal and redirected that the land be restored to Trust.
“The court hereby proceeds to null all subdivisions of the said land and therefore order that it be reverted to the second plaintiff. From the foregoing it will be discerned that my finding is that the Trust deserves to hold the title of the whole land and therefore cancels all the titles on the said land,” read part of the ruling.
Justice Munyao additionally ordered that the defenders, who initially bought the land surrender their portions and give their vacant possession in a period of 30 days from the ruling date.
“The defendants in the suit are to surrender the land and give possession withing 30 days from the ruling,” he stated.
The land dispute has been in existence since 2006 when the group moved to court seeking to have it solved stating that the land was subdivided and sold illegally.
The Trust Secretary Julius Sunkuli, speaking after the judgement has applauded the ruling by the court stating that despite taking long, justice has finally been delivered.
“This is a successful fight of justice for over 13 years. We are happy with the judgement , it has been a long journey for us at Trust, we are against any subdivisions of land and now we can get back to utilize the same accordingly to the benefit of the shareholders,” said Sunkuli.
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